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Eric J. Wallach

Partner | New York
T (212) 506-1750
F (212) 506-1800

Eric Wallach chairs the employment practices and litigation group at Kasowitz, which is currently comprised of over 20 partners, counsel and associates.  The group regularly handles a variety of complex employment litigation for a wide range of clients, including leading banking, investment management and other financial services institutions, apparel and retail stores, media and entertainment companies, advertising and marketing firms, and manufacturing and industrial corporations.

Mr. Wallach’s areas of in-depth experience include: actions seeking injunctive relief to protect against theft of trade secrets, misappropriation of confidential information, breach of fiduciary duty and unfair competition; enforcement of non-competition and non-solicitation agreements and other restrictive covenants with key executives, including applications for temporary restraining orders and preliminary injunctions; defense of employment discrimination lawsuits in federal and state courts and before administrative agencies, including matters involving alleged discrimination on the basis of age, disability, gender, national origin, race, sexual orientation, sexual harassment, pregnancy and retaliation; and defense and prosecution of contract, tort and statutory claims, including cases involving the Family and Medical Leave Act (FMLA), federal and state wage and hour laws, the New York Labor Law, and matters implicating defamation, tortious interference and intentional infliction of emotional distress.

It should be noted that Mr. Wallach previously chaired the Practicing Law Institute Panel on “Corporate Raiding, Retention & Restructuring.”  In addition, Mr. Wallach is included in Chambers USA as a leader in his field for Labor and Employment (New York), has been listed for some years among New York’s Super Lawyers and has been recognized as one of The Best Lawyers in America in the area of Litigation - Labor & Employment.  Mr. Wallach has also been named one of the country's 100 Most Powerful Employment Attorneys by Human Resource Executive and selected as a ‘2013 Top Rated Lawyer in Labor & Employment’ by American Lawyer Media and Martindale-Hubbell.  Mr. Wallach has also served as a party-designated arbitrator in several proceedings conducted under the auspices of the International Chamber of Commerce.

Some of Mr. Wallach's recent prominent representations include serving as:

  • Counsel to Ernst & Young LLP ("E&Y"), a preeminent global accounting and consulting firm, in various employment matters relating to the recruitment of high-level executives and the enforceability of non-competition obligations;
  • Counsel to Rabobank International, one of the world's 25 largest financial institutions, in defense of employment discrimination and retaliation actions as well as the conducting of internal investigations;
  • Counsel to PVH Corp., one of the nation's largest manufacturers, distributors and retailers of nationally known brands of apparel and footwear, in various employment-related matters, including defense of employment discrimination actions and prosecution of a matter involving the theft of trade secrets and company property;
  • Counsel to Havas, a French-based global advertising agency in various cases involving trade secrets, restrictive covenants and commercial disputes;
  • Counsel to TransPerfect Translations International, Inc., the world's largest privately held language services provider, in multiple matters involving the enforcement of non-competition and non-solicitation agreements, including applications for temporary restraining orders and preliminary injunctions; and
  • Mr. Wallach also serves as regular employment Counsel to a number of leading financial services and investment companies in various employment-related matters, including: Elliott Management, C12 Capital Management, Lord Abbett & Co. LLC, MacKayShields LLC; Needham & Co., Indus Capital and Contrarian Capital.

Mr. Wallach and the employment practices and litigation group are frequently retained by employers and corporate Boards and Special Committees to conduct prompt and efficient internal investigations of alleged officer, employee and director misconduct, and by executive employees to defend their actions before law enforcement and regulatory agencies.  They also regularly provide day-to-day employment practices counseling and litigation prevention or avoidance services to numerous firms, internal compliance audits and anti-harassment training, as well as negotiation and drafting of employment, consulting and severance agreements for both companies and senior executives.

Notable Representations  
 
  • Defense of one of the world's largest industrial distributors of electronic and computer equipment, and three of its employees in an action in the United States District Court for the Southern District of New York. This lawsuit alleged breaches by recently hired executives of our client of a competitor's confidentiality agreement, common law claims for defamation and business disparagement and a claim for false advertising under the Lanham Act, 15 U.S.C. §1125 et seq. The action was favorably settled.
  • Prosecution of claims on behalf of the healthcare subsidiary of a major public relations firm in an action in the Supreme Court for the State of New York, Commercial Division. This lawsuit sought injunctive and monetary relief against two former executives and their new employer for claims involving the alleged theft of clients and staff. The firm obtained injunctive relief at the outset of the case, and the lawsuit was thereafter favorably resolved.
  • Prosecution of claims on behalf of a major hedge fund manager in an action in the United States District Court for the Southern District of New York. In this lawsuit, we successfully obtained injunctive relief against another hedge fund that had allegedly conspired with a former employee of our client to steal confidential and proprietary trading-related analytical software. The action ultimately was settled on favorable terms.
  • Prosecution of claims on behalf of the U.S.-based subsidiary of one of the world's largest advertising agencies, in the United States District Court for the District of Connecticut and in the Supreme Court of New York, against a former senior executive who allegedly attempted to misappropriate the company's proprietary software in violation of its federally-protected copyrights and engage in various acts of unlawful competition in violation of New York common law. The action ultimately was settled on favorable terms.
  • Defense of a leading asset management firm in an action in the Supreme Court for the State of New York, Commercial Division. This lawsuit concerns alleged claims by a former senior executive of constructive discharge, disparate pay, racial discrimination and unlawful wage deductions in violation of New York Labor Law. The firm's motion to dismiss the plaintiff's initial complaint was granted, with limited leave to replead certain disparate pay claims to the extent not barred by the statute of limitations. The firm subsequently obtained summary judgment with respect to the amended complaint.
  • Prosecution of claims in New York Supreme Court, New York County, on behalf of a leading provider of translation, litigation support and related business services, in actions relating to the enforcement of restrictive covenants and the protection of confidential information.
  • Prosecution of claims in Connecticut Superior Court on behalf of a Connecticut-based hedge fund manager, relating to the departure of a former senior portfolio manager who allegedly breached his contractual and fiduciary obligations as part of a scheme to effect a hostile takeover of the fund he had been entrusted to manage. The case was favorably settled.
  • Representation of a global accounting firm in matters relating to the recruitment of high-level executives, including the mediation and arbitration of ensuing controversies.

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